Section 8(2) of the Hindu Minority and Guardianship Act, 1956, lays down that the natural guardian of a minor shall not, without the previous permission of the court, (a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the minor, or (b) lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority.
Further, Section 8(3) of this Act lays down that any disposal of immovable property by a natural guardian, in contravention of sub-section (1) or sub-section (2), is voidable at the instance of the minor or any person claiming under him.
In this regard, it may be pointed out that sub-section (1) of Section 8 of the above Act lays down that the natural guardian of a Hindu minor has power, subject to the provisions of Section 8, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor’s estate; but the guardian can in no case bind the minor by a personal covenant.
In the case of Vishwambhar v. Laxminarayan, (2001) 6 SCC 163 : AIR 2001 SC 2607, the Supreme Court has reiterated these legal principles.
Therefore, if you want to purchase two properties from the lady mentioned in your question, in which her two minor sons also have share, then ensure that she exercises her powers of sale on behalf of her minor sons in accordance with the provisions of Section 8 of the above Act, as mentioned above. In particular, she may need previous permission of the court before selling the share of the minor sons in the said properties.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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